The goal of Death Star is simple. The deeply conservative Texas Legislature wants to effectively deny cities—the state’s large Democratic-leaning cities, Houston, San Antonio, and Austin in particular—the ability to pass local laws and regulations in eight major policy areas: agriculture, business and commerce, finance, insurance, labor, natural resource law, occupational law, and property law. And it does all this in a bill that is 10 single-spaced pages long, nearly one page of which is legislative findings, not actual law. Which is where the problems begin.

Death Star does not aim to affirmatively lay out regulations at the state level; it simply attempts to thwart local regulations. Thus, the entirely of the provision that denies local governments the ability to regulate the insurance industry is just this: “Unless expressly authorized by another statute, a municipality or county may not adopt, enforce, or maintain an ordinance, order, or rule regulating conduct in a field of regulation that is occupied by a provision of this code. An ordinance, order, or rule that violates this section is void, unenforceable, and inconsistent with this code.” That’s it. It then repeats this language across all the various other fields, although in a few cases it adds an extra clause or two to identify specific subfields it really wants to make sure are preempted.


The party of small government strikes again!

  • TWeaK
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    10 months ago

    In general the law is very vague, and apparently exactly what it covers will have to be argued in court. However if the city loses it will have to pay the other side’s costs, while if it wins it will still pay its own fees unless the lawsuit is particularly frivilous.

    Apparently there are some sections defined, eg over animal regulations (no doubt heavily in favour of the farming industry), but most of it leaves it completely open to interpretation. Interpretation that private interest groups can sue over, with the city paying.